1. Abstract

Alterations in global climatic patterns are
warming the arctic region of North America in a rapid manner and consequently,
melting the polar ice cap. This phenomenon is currently presenting a global
crisis concerning international shipping through the Northwest Passage. The
Northwest Passage is a strategic route from the Atlantic Ocean to the Pacific
Ocean through a myriad of northern Canadian islands. Since the European discovery
of North America, explorers throughout the world have been fascinated by the
possibility of shipping through this region to commercially link Europe to the
Orient. In comparison to the route through the Panama Canal, the transportation
of goods through the northern archipelago of Canada would save approximately
4000 km from Europe to the Far East. Unfortunately for international merchants,
the Northwest Passage was not traditionally a commercially viable trading route
due to shallow waterways and, in particular, ice blockades. Global warming has
now altered this reality! Because of climatic changes, the Canadian government
is experiencing new challenges from multiple national governments, especially
the United States, concerning the feasibility of international travel through
the Northwest Passage.

This case
examines why Canada’s claim of rights to the Northwest Passage is a point
of contention between Canada, and various nations of the world. The Canadian
perspective is that they have full sovereignty encompassing the islands/waterways
and thereby will assert complete control over all activity in that specific
region (1). However, many countries perceive the Northwest Passage to be an
international waterway between the Atlantic and Pacific Oceans. The Canadian
government has continually stated that is does support international shipping
through the Northwest Passage, as long as Canadian awareness and regulations,
rather than international law, are followed. Newly elected Canadian Prime Minister
Stephen Harper defended the Canadian position by proposing to immediately expand
Canada’s military presence within their arctic region.

2. Description

Early Interest in the Passage

It is ironic that the dispute concerning
the Northwest Passage has clearly taken an unpredicted shift; initiating international
attention. In the past, the concept of acquiring the ability to traverse through
this waterway was a dream held by various foreign explorers. It was seen as
a channel that could lead to economic cooperation, and social integration. In
fact, 16th century Spanish explorers established the title ‘Strait of
Anián” used to refer to a yet to be discovered passage route connecting
the Atlantic Ocean, to the Pacific. However, during the 16th century, European
travelers believed that the entire continent of North America was an archipelago,
rather than a large continent with one specific northern water route. Yet, the
concept of traveling through North America for trade was always a primary objective.

Explorers such as Martin Frobisher and Henry
Hudson undertook voyages throughout the North American arctic region (instigating
the names of both Forbisher and Hudson Bay). In 1845, 61 year old Sir John Franklin
and 134 sailors lost their lives after setting out to discover the Northwest
Passage with his two ships named Erebus and Terror. Other voyages, aiming to
traverse the Atlantic to the Pacific Ocean via the passage remained unsuccessful
until 1906, when Norwegian explorer Roald Amundsen navigated through the northern
region in a lengthy three year period. Yet, even though Amundsen was successful
in his travel objectives, his success meant little for global trade. The voyage
occurred with a smaller craft rather than a large ship, simplifying the travel
across shallow waterways. Also, the idea of waiting three years for a shipment
of goods to commute from Asia to Europe did little to excite 20th century merchants.

Contemporary Attention

In 1969 the oil tanker known as the SS Manhattan,
cooperating closely with the US government, deliberately opted to neglect requests
made by the Canadian government to seek its approval before traveling through
the Canadian arctic to the new oil fields on the Alaskan North Slope. The administrative
interest concerning the SS Manhattan rested upon the plausibility of a supertanker
traversing the passage for Alaskan oil. The following year, Canada’s parliament
felt impelled to implement pollution control legislation known as the Arctic
Waters Pollution Prevention Act. The objectives were to “assert Canada’s
jurisdiction to regulate all shipping in zones up to 100 nautical miles off
its Arctic coasts in order to guard against pollution of the region’s
coastal and marine resources”(2). By Canada’s own definition, they
were not yet claiming sovereignty over the region, but rather asserting that
its arctic region was unique in that it required specific policies to protect
the ecological environment.

At the end of the Cold War, a number of commercial
voyages via the Northwest Passage began to occur. Due to harsh weather conditions,
only icebreakers or ice-strengthened vessels made the voyage in this capacity,
and the companies responsible had requested permission from the Canadian government
(3). Yet in 1985, an American ice-breaker known as the Polar Sea traveled through
the Northwest Passage, instigating a political dispute between Canada, and its
southern neighbor, the United States. The Polar Sea tested the legitimacy of
the Convention on the Law of the Sea (UNCLOS) which was created in 1982 by the
United Nations. Article 234 of UNCLOS confirms what is known as the “arctic
exception”. Fragile arctic environments are protected more stringently
under UN law.

The American ship ‘Polar Ice” led
to the Canadian Territorial Sea Geographic Co-ordinates (area 7) Order of 1986
that encapsulated the Passage within straight geographic baselines (4). The
problem that arose when trying to use straight baselines to encircle a coastal
archipelago is that it is neither just land, nor sea. The legal jurisprudence
for waters, especially remote, ice clogged, arctic waters, is uncertain (5).
The United States agrees with Canada that the islands surrounding the waterway
are indeed Canadian territory. Yet, America stands firm on the contention that
the waterways between the northern Canadian islands are an international strait.
UNCLOS supports the Canadian position in that it prefers the usage of straight
baselines (rather than the outline of a country’s land mass) to calculate
its territorial area.

The
straight baseline method allows a country with offshore islands
and/or very jagged coastlines to calculate its territorial seas
from straight lines drawn from a point on the coast to the islands,
or from island to island. One then “connects the dots”
literally, and the water behind the lines is designated internal
waters, while waters away from the line and toward open waters are
considered territorial seas (6).

Thus Canada, along with any coastal nation,
is actually gaining oceanic territory by exercising the straight baseline method.
Canada has consistently asserted its ownership of the waters surrounding its
archipelago within Nunavut and the Northwest Territories. In 1986, the nation
formally claimed possession of the aquatic region surrounding over 16,000 northern
Canadian islands. The international response to Canada’s assertion was
inconsequential, since the trade route was ineffective due to its harsh climate
and ice blockades. International law expert at the University of British Columbia,
Micheal Byers reported that “we’ve essentially been able to avoid
problems over this in the past because the ice has been too thick and too hard
to make it a commercially viable route…But, of course, the ice is melting”(7).

3.
Duration:

Current

4. Location:

Northern Archipelago of Canada

5. Actors:

Canada, the United States along with any
other country interested in advocating the route as an international strait

Global Warming
The environment has a direct and highly significant role in the conflict regarding
the arctic archipelago of Canada. Human induced, global warming is clearing
the Northwest Passage of ice making commercial travel feasible. If global warming
did not occur, and the ice blockages remained in place, this conflict would
cease to exist.

Habitat Loss
The preservation of Canada’s northern environment is one of the primary
arguments defending Canada’s position concerning the federal government’s
ability to set regulations for international vessels traveling through the arctic
waterway. By establishing national regulations (rather than international),
the Canadian military will be legally capable to monitor and patrol one of the
most ecologically sensitive regions of the world. The Anderson River MBS in
the Northwest Territories and Nunavut’s Queen Maud Gulf MBS are likely
to become some of the sites hardest hit by the effects of climate change (8).
In Tuktoyaktuk, houses once built solidly on permafrost are falling into the
sea, said Colonel Pierre Leblanc, Commander of the Canadian Forces Northern
Area in Yellowknife. Others are cracking in two as the permafrost melts and
shifts (9). Canadians living in the northern territories have already begun
to experience severe consequences due to climatic change. As a result of these
circumstances, Canada is firmly defending its sovereign right to monitor its
territories and protect its citizens, wildlife, and environment.

Resource Depletion
It appears that in addition to the issue of commercial travel, other concerns
regarding natural resources, abundantly scattered throughout Canada’s
northern territories, are related to determining the stewardship of the Northwest
Passage. Col. Leblanc, Canada’s military commander of the North, is convinced,
for example, that the pristine waters of the North (which make up 10 per cent
of the world’s freshwater) will eventually become a significant international
commodity worth more than oil (10). The fresh water is formed from the Arctic
halocline (slope) separating cold, low-saline water from the warmer, saltier
levels. Canada’s northern archipelago is also believed to contain substantial
oil/gas resources, and valuable mineral deposits. Thus, if Prime Minister Harper
is defeated in his objective to protect what he firmly believes to be Canadian
territory, a massive quantity of newly accessible natural resources will be
available to any nation interested in exploring the waters of Canada’s
arctic region.

7. Type of Habitat: Cool/Arctic

8. Act and Harm Sites:

Act Site

Harm Site

Example

Northwest Passage waterways

Canada

International vessel traveling without Canadian awareness spills oil,
hitting the southern coast of Baffin Island.

The dispute concerning the Northwest Passage is both a regional and international
issue with the possibility of rapidly becoming a crisis. Canada and the United
States are both leading actors, yet the issue essentially concerns any nation
interested in international trade via the Northwest Passage. The access to natural
resources, and a clear definition of Canadian and international borders are
all compelling (“triggering”) issues in this specific case. Thus
far, the Canadian government has only threatened to increase military expenditures
to broaden supervision of the archipelago of Canadian arctic islands. According
to the Special Joint Committee of the Senate and the House of Commons, Canada’s
defense policy would have to make various severe changes if the Canadian government
ever chose to protect its arctic sovereignty. At minimum, the Canadian military
would be obligated to (1) survey and control Canadian territory, waters and
airspace, (2) deter attacks on Canadian territory, waters, and airspace, (3)
assist provincial governments in Canada, where required, in maintaining domestic
peace and security.

International law specialist and Professor
at the University of Ottawa, Donald McRae clarifies the notion that Canada’s
unique geography makes the tasks of protection both difficult and expensive
“because of our size and coastline and northern location” (11).
This potential conflict is unique in the fact that it is occurring between two
nations that possess strong economic, social and political alliances relative
to each other. The cultural similarities, and the fact that they are both highly
developed nations encourages a diplomatic form of conflict resolution. This
diplomatic resolution may not be feasible with nations that are experiencing
a higher degree of economic and political instability. Yet, it is important
to recognize that the consequence of any plausible misconduct, regarding the
mediation process, continues to be rather severe considering that both Canadian
national sovereignty and a highly fragile ecosystem are at stake. The alteration
of the arctic ecosystem has various long term consequences that will not only
affect Canada, but the entire world. Also, issues concerning access to oil,
and other valuable deep sea resources should be addressed.

Even though Canada’s central priority is to ensure sovereignty in the
arctic region, the existing situation relative to the Northwest Passage still
presents a direct conflict regarding environmental risk. This ecological crisis
will occur because international shipping through the Passage will adversely
impact an environmentally sensitive area. Yet, I firmly believe that even though
this conflict is directly linked to the environment, it has the potential to
cause long-term, as well as short-term obstacles. The long and short-term problems
are illustrated within the following causal diagram.

The tempo in which the variables increase or
decrease are fundamental in determining the severity of the conflict. It will
be less detrimental for changes to occur in a gradual manner. For example, it
will be easier for arctic wildlife and civilians to cope and adjust to the changing
temperatures if climatic alterations decelerate in speed. It will also be much
simpler for Canada to gradually increase military expenditures, rather than
suddenly augmenting strategic resources to protect national boundaries.

13. Level of Strategic Interest
Spatial Scope: Global and Bilateral

The Spatial
scope could be considered both global and bilateral. This dispute is global
since it will affect the trading activity of many countries. Yet, it is also
bilateral since there are only two main actors, the United States and Canada,
which are actively involved in the disagreement.

14. Outcome of Dispute: Unknown

The conflict should not be considered a “yield”
or “stalemate” because it is unique. This issue may be in the midst
of being amicably resolved. Therefore, it is too early in this situation to
determine an outcome.

Conflict-Environment Diagram

-There is a difference of interpretation between the US and Canadian government of the exact boundary dividing the state of Alaska, from northwestern Canada.
-The environmental conflict consists of the threat of disturbing a very valuable eco-system by cutting down timber to demarcate a distinct boundary.
-The time frame of the conflict began approximately 40 years ago, and continues today. This issue concerns matters of national sovereignty and the well-being of the wildlife and aboriginal inhabitants living within this region.
Case # 36 is a very interesting topic since it is another US/Canadian dispute that involves borders, sovereignty, and the environment. This case is different from the Northwest Passage because it only affects the United States and Canada. Also, Canadian Prime Minister Harper has threatened to increase Canada’s military expenditures to monitor and police the Northwest region

- The incursion of the Vikings from Europe to North America around 1,000 AD led to hostility from Native Americans.
-This case study illustrates that a dispute concerning territory due to climate change is not a new phenomenon.
-The rapid augmentation in Viking population within Scandinavia, and the warming climate conditions, encouraged a series of expeditions to North America.
This case relates to the Northwest Passage dispute since it illustrates that the continuous change in temperature frequency will alter national alliances throughout the globe. It exemplifies that any plausible solution to my case study’s conflict may only be temporary, as temperature on the world’s surface continues to change.

-The diversion of the Danube River into a new canal led to damaging effects regarding the relationship between Hungary and Czechoslovakia.
-The construction of a reservoir, two diversion canals, and two hydroelectric power plants encouraged domestic energy production within both Hungary and Czechoslovakia, yet the environmental effects were appalling.
-The plausible change in the navigational route to fix various environmental effect of the canal would affect Hungarian trade.

The Danube Rive dispute is related to the Northwest Passage dispute by illustrating that any sort of agreement that Canada and the US might plausibly agree to could lead to other various predicaments (including social, environmental, international, and national problems). Hungary and Czechoslovakia’s attempt to increase the national energy production within both countries led to various other problems. Case #25 is a reminder that international disputes may never become resolved. Furthermore, government agreements could likely led to an increase in conflict within the region.